Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Tennessee

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[TN 132-6436a; FRL-5009-3]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On November 12, 1992, the State of Tennessee through the

Memphis and Shelby County Health Department (MSCHD), submitted a

maintenance plan and a request to redesignate the Memphis and Shelby

County area (classified as a marginal nonattainment area) from

nonattainment to attainment for ozone (O3). The O3

nonattainment area specifically consists of Shelby County. Under the

Clean Air Act, designations can be changed if sufficient data are

available to warrant such changes and the redesignation request

satisfies the criteria set forth in the Clean Air Act for

redesignations. In this action, EPA is approving the State of

Tennessee's submittal because it meets the maintenance plan and

redesignation requirements. The approved maintenance plan will become a

federally enforceable part of the SIP for the Memphis and Shelby County

area.

On January 15, 1993, in a letter from Patrick M. Tobin to Governor

Ned McWherter, the EPA notified the State of Tennessee that the EPA had

made a finding of failure to submit required programs for the

nonattainment area. EPA's redesignation of the Memphis and Shelby

County area to attainment abrogates those requirements for this area.

Therefore, the sanctions and federal implementation plan clocks begun

by those findings are stopped at the time of the redesignation.

EFFECTIVE DATE: This final rule will be effective October 3, 1994

unless adverse or critical comments are received by September 6, 1994.

If the effective date is delayed, timely notice will be published in

the Federal Register.

ADDRESSES: Written comments should be sent to Karen Borel at the EPA

address in Atlanta, Georgia listed below. Copies of the redesignation

request and the State of Tennessee's submittal are available for public

review during normal business hours at the addresses listed below.

EPA's technical support document (TSD) is available for public review

during normal business hours at the EPA addresses listed below.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency, Region IV, Air Programs Branch, 345

Courtland Street N.E., Atlanta, GA, 30365.

Memphis and Shelby County Health Department, 814 Jefferson Avenue,

Memphis, TN 38105.

FOR FURTHER INFORMATION CONTACT: Karen Borel of the EPA Region IV Air

Programs Branch at (404) 347-2864 and at the Region IV address.

SUPPLEMENTARY INFORMATION:

I. Background

On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)

were enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q). Under section 107(d)(1), in conjunction with the Governor

of Tennessee, EPA designated the Memphis and Shelby County area as

nonattainment because the area violated the O3 standard during the

period from 1987 through 1989. Furthermore, upon designation, the

Memphis and Shelby County area was classified as marginal under section

181(a)(1). (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30,

1992), codified at 40 CFR 81.343.)

The Memphis and Shelby County area more recently has ambient

monitoring data that show no violations of the O3 National Ambient

Air Quality Standards (NAAQS), during the period from 1990 through

1992. Therefore, in an effort to comply with the CAA and to ensure

continued attainment of the NAAQS, on November 12, 1992, the State of

Tennessee submitted for parallel processing an O3 maintenance SIP

for the Memphis and Shelby County area and requested redesignation of

the area to attainment with respect to the O3 NAAQS. On May 14,

1993, the MSCHD submitted evidence that a public hearing was held on

the requests to redesignate Memphis and Shelby County from

nonattainment of the NAAQS for both CO and O3 to attainment of the

NAAQS for these pollutants. In addition, there have been no violations

reported for the 1993 O3 season. The request for redesignation

submittal was approved by the TN Air Pollution Control Board on March

9, 1994.

II. Evaluation Criteria

The 1990 Amendments revised section 107(d)(1)(E) to provide five

specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment.

1. The area must have attained the applicable NAAQS;

2. The area has met all applicable requirements under section 110

and part D of the CAA;

3. The area has a fully approved SIP under section 110(k) of the

CAA;

4. The air quality improvement must be permanent and enforceable;

and,

5. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA.

III. Review of State Submittal

On May 19, 1993, Region IV determined that the information received

from the MSCHD constituted a complete redesignation request under the

general completeness criteria of 40 CFR 51, appendix V, sections 2.1

and 2.2. However, for purposes of determining what requirements are

applicable for redesignation purposes, EPA believes it is necessary to

identify when the MSCHD first submitted a redesignation request that

meets the completeness criteria. EPA noted in a previous policy

memorandum that parallel processing requests for submittals under the

CAA, including redesignation submittals, would not be determined

complete. See the memorandum entitled ``State Implementation Plan (SIP)

Actions Submitted in Response to Clean Air Act (Act) Deadlines'' from

John Calcagni to Air Programs Division Directors, Regions I-X, dated

October 28, 1992 (Memorandum). The rationale for this conclusion was

that the parallel processing exception to the completeness criteria (40

CFR 51, appendix V, section 2.3) was not intended to extend statutory

due dates for mandatory submittals. (See Memorandum at 3-4). However,

since requests for redesignation are not mandatory submittals under the

CAA, EPA believed it appropriate to change its policy with respect to

redesignation submittals to conform to the existing completeness

criteria. (See 58 FR 38108 (July 15, 1993)). Therefore, EPA believes,

the parallel processing exception to the completeness criteria may be

applied to redesignation request submittals, at least until such time

as the EPA decides to revise that exception. MSCHD submitted a

redesignation request on November 12, 1992. In the November 12

submittal, MSCHD submitted the maintenance plan, thereby including the

final element to make the November 12, 1992, request for parallel

processing complete under the parallel processing exception to the

completeness criteria. When the maintenance plan became state effective

on March 9, 1994, the State of Tennessee no longer needed parallel

processing for the redesignation request and maintenance plan.

The Tennessee redesignation request for the Memphis and Shelby

County area meets the five requirements of section 107(d)(3)(E) for

redesignation to attainment. The following is a brief description of

how the State of Tennessee has fulfilled each of these requirements.

Because the maintenance plan is a critical element of the redesignation

request, EPA will discuss its evaluation of the maintenance plan under

its analysis of the redesignation request.

1. The Area Must Have Attained the O3 NAAQS

The State of Tennessee's request is based on an analysis of quality

assured ambient air quality monitoring data which is relevant to the

maintenance plan and to the redesignation request. Ambient air quality

monitoring data for calendar year 1989 through calendar year 1992 show

an expected exceedance rate of less than or equal to 1.0 per year of

the O3 NAAQS in the Memphis and Shelby County area. (See 40 CFR

50.9 and appendix H.) One of the two ozone monitoring sites had no

exceedances over this period of time while the other monitor had one

exceedance. That exceedance occurred in 1989. The design value, or the

``fourth highest high,'' of the two monitors for the calendar year

period of 1990 through 1992 was 0.117 ppm, down from 0.140 ppm in the

period of calendar year 1988 through calendar year 1990, and 0.121 ppm

for the calendar year period of 1989 through 1991. The ozone monitoring

year for 1993 ended on October 31, 1993. One monitor recorded an

exceedance of the 0.120 ppm NAAQS during the 1993 season. The State of

Tennessee has committed to continue monitoring in this area in

accordance with 40 CFR 58. Because the Memphis and Shelby County area

has complete quality-assured data showing no violations of the standard

over the most recent consecutive three calendar year period, the

Memphis and Shelby County area has met the first statutory criterion of

attainment of the O3 NAAQS.

2. The Area Has Met All Applicable Requirements Under Section 110 and

Part D of the Act

On February 6, 1980, and on September 2, 1981, EPA fully approved

Tennessee's SIP as meeting the requirements of section 110(a)(2) and

part D of the 1977 CAA (45 FR 26038 and 45 FR 59578). The amended CAA,

however, revised section 110(a)(2) and, under part D, revised section

172 and added new requirements for all nonattainment areas. Therefore,

for purposes of redesignation, to meet the requirement that the SIP

contain all applicable requirements under the CAA, EPA reviewed the

Tennessee SIP to ensure that it contained all measures due under the

amended CAA prior to or at the time the State of Tennessee submitted

its redesignation request.

A. Section 110 Requirements

Although section 110 was amended, the Memphis and Shelby County

area SIP meets the requirements of amended section 110(a)(2). A number

of the requirements did not change in substance and, therefore, EPA

believes that the pre-amendment SIP met these requirements. As to those

requirements that were amended, see 57 FR 27936 and 57 FR 27939 (June

23, 1992), many are duplicative of other requirements of the CAA. EPA

has analyzed the SIP and determined that it is consistent with the

requirements of amended section 110(a)(2).

B. Part D Requirements

Before the Memphis and Shelby County area may be redesignated to

attainment, it also must have fulfilled the applicable requirements of

part D. Under part D, an area's classification indicates the

requirements to which it will be subject. Subpart 1 of part D sets

forth the basic nonattainment requirements applicable to all

nonattainment areas, classified as well as nonclassifiable. Subpart 2

of part D establishes additional requirements for O3 nonattainment

areas classified under table 1 of section 181(a). The Memphis and

Shelby County area is classified as marginal (See 56 FR 56694, codified

at 40 CFR 81.334). The State of Tennessee submitted their request for

redesignation of the Memphis and Shelby County area prior to November

15, 1992. Therefore, in order to be redesignated to attainment, the

State of Tennessee must meet the applicable requirements of subpart 1

of part D, specifically sections 172(c) and 176, and the requirements

of subpart 2 of part D, which became due on or before November 12,

1992, the date the State submitted a complete redesignation request.

EPA interprets section 107(d)(3)(E)(v) to mean that, for a

redesignation request to be approved, the State must have met all

requirements that became applicable to the subject area prior to or at

the time of the submission of the redesignation request. Requirements

of the CAA that come due subsequent to the submission of the

redesignation request continue to be applicable to the area (see

section 175A(c)) and, if the redesignation is disapproved, the State

remains obligated to fulfill those requirements.

B1. Subpart 1 of Part D--Section 172. Section 172(c) sets forth

general requirements applicable to all nonattainment areas. Under

section 172(b), the section 172(c) requirements are applicable as

determined by the Administrator but no later than three years after an

area is designated as nonattainment. EPA had not determined that these

requirements were applicable to classified O3 nonattainment areas

on or before November 12, 1992, the date that the State of Tennessee

submitted a complete redesignation request for the Memphis and Shelby

County area. Therefore, the State of Tennessee was not required to meet

these requirements for purposes of redesignation.

Upon redesignation of this area to attainment, the Prevention of

Significant Deterioration (PSD) provisions contained in part C of title

I are applicable. On June 24, 1982, the EPA approved the State of

Tennessee's PSD program (47 FR 27269).

B2. Subpart 1 of Part D--Section 176 Conformity Plan Provisions.

Section 176(c) of the CAA requires States to revise their SIPs to

establish criteria and procedures to ensure that federal actions,

before they are taken, conform to the air quality planning goals in the

applicable SIP. The requirement to determine conformity applies to

transportation plans, programs and projects developed, funded or

approved under Title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as to all other federal

actions (``general conformity''). Section 176 further provides that the

conformity revisions to be submitted by states must be consistent with

federal conformity regulations that the CAA required EPA to promulgate.

Congress provided for the state revisions to be submitted one year

after the date for promulgation of final EPA conformity regulations.

When that date passed without such promulgation, EPA's ``General

Preamble for the Implementation of title I'' informed states that its

conformity regulations would establish a submittal date (see 57 FR

13498, 13557 (April 16, 1992)).

The EPA promulgated final transportation conformity regulations on

November 24, 1993, (58 FR 62188) and general conformity regulations on

November 30, 1993, (58 FR 63214). These conformity rules require that

states adopt both transportation and general conformity provisions in

the SIP for areas designated nonattainment or subject to a maintenance

plan approved under CAA section 175A. Pursuant to section 51.396 of the

transportation conformity rule and section 51.851 of the general

conformity rule, the State of Tennessee is required to submit a SIP

revision containing transportation conformity criteria and procedures

consistent with those established in the federal rule by November 25,

1994. Similarly, Tennessee is required to submit a SIP revision

containing general conformity criteria and procedures consistent with

those established in the federal rule by December 1, 1994. Because the

deadlines for these submittals have not yet come due, they are not

applicable requirements under section 107(d)(3)(E)(v) and, thus, do not

affect approval of this redesignation request.

B3. Subpart 2 of Part D. Under section 182(a)(2)(A) areas that

retained a designation of nonattainment for O3 under the amended

CAA and that are classified as marginal or above were required to fix

their pre-amendment VOC RACT SIPs. Tennessee submitted the VOC RACT

fixups for purposes of redesignating the Memphis and Shelby County

area. These were published in the Federal Register on April 18, 1994,

and became effective on June 17, 1994.

Under section 182(b), several requirements were due for marginal

O3 nonattainment areas on November 15, 1992, such as VOC RACT

catch-ups, Gasoline Vapor Recovery, New Source Review, and Emission

Statements. Tennessee failed to submit these measures for the Memphis

and Shelby County area. On January 15, 1993, EPA made a finding of

failure to submit these measures by letter from Patrick M. Tobin,

Acting Regional Administrator, to Ned McWherter, Governor of Tennessee.

However these requirements are not applicable for purposes of

considering the State's redesignation request. For purposes of

redesignation, EPA must consider whether the State has met all

requirements that were applicable prior to the time the state submitted

the redesignation request. Since Tennessee submitted the redesignation

request for Memphis and Shelby County on November 12, 1992, these

measures are not relevant for purposes of redesignation. Therefore, all

subpart 2 requirements that were applicable at the time the State

submitted its redesignation request have been met. The VOC RACT fixups

and the Alternate Emission Standards were published in the Federal

Register on April 18, 1994, and were effective on June 17, 1994. The

PSD regulations were approved on June 24, 1982.

3. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA

Based on the approval of provisions under the pre-amended CAA and

EPA's prior approval of SIP revisions under the amended CAA, EPA has

determined that the Memphis and Shelby County area has a fully approved

SIP under section 110(k), which also meets the applicable requirements

of section 110 and part D as discussed above.

4. The Air Quality Improvement Must Be Permanent and Enforceable

Several control measures have come into place since the Memphis and

Shelby County area violated the O3 NAAQS. The State of Tennessee

believes that the predominance of the emission reductions that have

occurred, as demonstrated by a comparison of previous emission

inventories versus the 1990 base year emission inventory that was

presented in their supplemental submittal of March 31, 1994 (as

attachment E), that air quality has been improved in the Memphis and

Shelby County area as a result of permanent and enforceable emission

reductions through local, state and federal programs. Of significance

are emission reductions of point source VOC's from 49,000 tons per year

(tpy) in 1979, to 27,633 tpy in 1983, to 14,986 tpy in 1990. The VOC

reductions that have occurred are the result of several factors. These

include federal emission limitations and fleet turnover, the Memphis

vehicle inspection and maintenance (I&M) program to enforce the federal

limitations and the implementation and enforcement of Shelby County

regulations concerning the construction and operation of VOC emitting

sources. These sources are regulated as they relate to new source

requirements for best available control technology (BACT), lowest

achievable emission rate (LAER) technology and offsets, and to existing

source requirements calling for the installation of reasonably

available control technology (RACT). The I&M program has been in

operation since the mid-1980's and has been improved in its operation

from a quality standpoint since that time. The Savings Clause For

Vehicle Inspection and Maintenance [CAA section 187(a)(4)] insures, at

a minimum, the continuation of I&M in the current configuration. Air

pollution regulations have been in existence, in large part, since the

1970's and early 1980's with continued amendments and improvements

since that time. Projections indicate that VOC emissions will not

exceed the 1990 baseline inventory before the year 2005.

These reductions have occurred while Memphis has continued to

pursue, expand and enhance accountability of sources both in quality

and quantity. Also of significance are reductions in mobile source

emissions which may not be readily apparent from comparisons of the

different inventories. Road projects that make up the Transportation

Improvement Plan (TIP) must have a positive impact on air quality.

These projects, including some outlying area signal improvements, a

Suburban Transit Center program for the Memphis Area Transit Authority

(MATA) and a Land Use/Transportation Systems Integration Study, should

provide some measure for reduction to the mobile source emission

inventory. Finally, road construction or improvement projects, in order

to meet conformity requirements, must provide a positive effect on air

quality. The contribution of these projects to air quality is evaluated

by computer modelling using MOBILE5A. This will be quantified annually

in the conformity process for TIP approval. However, allowing for the

increased vehicle population and increased vehicle miles travelled,

strides have been made in reducing vehicular emissions.

In association with its emission inventory discussed below, the

State of Tennessee has demonstrated that actual enforceable emission

reductions are responsible for the recent air quality improvement and

that the VOC emissions in the base year are not artificially low due to

local economic downturn.

5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to

Section 175A of the Act

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

for at least ten years after the Administrator approves a redesignation

to attainment. Eight years after the redesignation, the State must

submit a revised maintenance plan which demonstrates attainment for the

ten years following the initial ten-year period. To provide for the

possibility of future NAAQS violations, the maintenance plan must

contain contingency measures, with a schedule for implementation,

adequate to assure prompt correction of any air quality problems.

In this notice, EPA is approving the State of Tennessee's

maintenance plan for the Memphis and Shelby County area because EPA

finds that the State of Tennessee's submittal meets the requirements of

section 175A.

A. Emissions Inventory--Base Year Inventory

On March 31, 1994, the State of Tennessee submitted comprehensive

inventories of VOC, NOX, and CO emissions from the Memphis and

Shelby County area. The inventories included biogenic, area,

stationary, and mobile sources using 1990 as the base year for

calculations to demonstrate maintenance. The 1990 inventory is

considered representative of attainment conditions because the NAAQS

was not violated during 1990. The 1990 Base Year Emission Inventory for

point sources for the Memphis and Shelby County area has been submitted

to EPA in SIP Air Pollutant Inventory Management Subsystem (SAMS)

format. The remaining data has been submitted in tabular format.

The State of Tennessee submittal contains the detailed inventory

data and summaries by source location and source category. This

comprehensive base year emissions inventory was submitted in the SAMS

format. Finally, this inventory was prepared in accordance with EPA

guidance. A summary of the base year and projected maintenance year

inventories is shown in the following three tables. The CO and the

biogenic VOC values are included as a part of the 1990 base year

emission inventory. This notice is approving the base year inventory.

Refer to the TSD prepared for this notice for more in-depth details

regarding the base year inventory for the Memphis and Shelby County

area.

VOC Emission Inventory Summary

[Tons per day]

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1990 1993 1996 1999 2002 2004

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Point............................. 74.61 78.11 81.66 85.07 88.31 90.42

Area.............................. 76.13 77.51 78.92 80.34 81.80 82.78

Mobile............................ 91.53 66.65 64.90 64.94 64.70 64.38

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Total....................... 284.77 222.27 225.48 230.35 234.81 237.58

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NOX Emission Inventory Summary

[Tons per day]

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1990 1993 1996 1999 2002 2004

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Point............................. 139.72 179.76 162.10 162.13 139.47 139.85

Area.............................. 4.04 4.12 4.19 4.27 4.34 4.40

Mobile............................ 89.63 83.31 82.23 82.99 83.31 83.29

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Total....................... 233.39 267.19 248.52 249.39 227.12 227.54

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CO Emission Inventory Summary for 1990

[Tons per day]*

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Area Non-road Mobile Point Total

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Emissions for 1990............................. 94.41 168.46 295.00 5.69 563.56

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*Projections were not made for these categories.

Biogenics Emission Inventory Summary for 1990

[Tons per day]*

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Biogenics

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1990....................................................... 42.50

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*Projections were not made for these categories.

B. Demonstration of Maintenance--Projected Inventories

Total VOC, NOX, and CO emissions were projected from the 1990

base year out to 2004. These projected inventories were prepared in

accordance with EPA guidance. Refer to EPA's TSD prepared for this

notice for more in-depth details regarding the projected inventory for

the Memphis and Shelby County area.

On March 31, 1994, the State of Tennessee submitted supplemental

projection inventories. The data submitted for 1993 showed a higher

level of NOX emissions than the base year, however, the Memphis/

Shelby County nonattainment area was still in attainment during 1993.

All following years' data is below the 1993 level, therefore, continued

attainment is expected. The projected emissions for 1993 closely

approximate actual 1993 data. The NOX levels projected for 1996

and 1999, although higher than the base year levels, are significantly

lower than the 1993 levels, which, as noted above, did not cause a

violation of the standard. The levels for 2002 and 2004 projected as

less than the attainment year. Although approval of NOX increases

above a de minimis level is a departure from EPA guidance, EPA believes

that the emissions projections demonstrate that the area will continue

to maintain the O3 NAAQS because this area achieved attainment

through VOC controls and reductions. The projected emission inventories

were submitted in the SAMS format.

C. Verification of Continued Attainment

Continued attainment of the O3 NAAQS in the Memphis and Shelby

County area depends, in part, on the State of Tennessee's efforts

toward tracking indicators of continued attainment during the

maintenance period. The Memphis and Shelby County area will utilize the

several plan elements to maintain current acceptable ozone levels. The

air quality monitoring network will continue to operate in accordance

with 40 CFR Part 58, with no reductions to the existing monitoring

network. Any relocation of monitors will be agreed upon by the EPA

prior to their relocation. Existing stationary source control will

continue. Additional companies subject to RACT regulations will be

added to the source listing, and will be required to comply with

emission standards. Sources wishing to locate in Shelby County will

continue to undergo new source review requirements to include the

installation of best available control technology. A triennial

emissions inventory will be performed to include area, mobile and point

sources of volatile organic compounds and nitrogen oxides. This

inventory will be developed in conjunction with emission inventories

for Carbon Monoxide. The first year for inclusion as an inventory year

is 1993, with said inventory to be accomplished by December 31, 1994

and submitted for approval to the State of Tennessee by January 31,

1995. Successive inventories are to be accomplished using the same

procedure. When the triennial inventory exceeds the projected inventory

by more than ten percent, then the inventory development will be

increased to an annual event. Inspection and Maintenance (I & M) of the

automobile will continue in the City of Memphis with an increased

emphasis on enforcement to assure vehicle owner participation.

D. Contingency Plan

The level of VOC and NOX emissions in the Memphis and Shelby

County area will largely determine its ability to stay in compliance

with the O3 NAAQS in the future. Despite the State's best efforts

to demonstrate continued compliance with the NAAQS, the ambient air

pollutant concentrations may exceed or violate the NAAQS. Therefore,

the State of Tennessee has provided contingency measures with a

schedule for implementation in the event of a future O3 air

quality problem. The State of Tennessee's contingency plan is triggered

by a violation of the Ozone NAAQS of 0.12 ppm that occurs after

redesignation to attainment. Plan implementation would begin upon

confirmation of an ozone violation. The plan contains a contingency to

implement pre-adopted additional control measures such as Reasonable

Available Control Technology (RACT) level control for not previously

controlled VOC sources. Development of requirements to lower emissions

of NOX from stationary fuel burning sources would also begin

immediately. These pre-adopted additional measures for RACT will be

implemented within 90 days of the date the State certifies to EPA that

the air quality data which demonstrates a violation of the O3

NAAQS is quality assured. NOX regulations would be implemented

within two years of the ozone violation. A complete description of

these contingency measures and their triggers can be found in the TSD

prepared for this notice. EPA finds that the contingency measures

provided in the State of Tennessee submittal meet the requirements of

section 175A(d) of the CAA.

E. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the State of

Tennessee has agreed to submit a revised maintenance SIP eight years

after the area is redesignated to attainment. Such revised SIP will

provide for maintenance for an additional ten years.

Final Action

In this final action, EPA is approving the Memphis and Shelby

County O3 maintenance plan, including the 1990 base year emission

inventory, because it meets the requirements of section 175A. In

addition, the EPA is redesignating the Memphis and Shelby County area

to attainment for O3 because the State of Tennessee has

demonstrated compliance with the requirements of section 107(d)(3)(E)

for redesignation. This action stops the sanctions and federal

implementation plan clocks that were triggered for the Memphis and

Shelby County area by the January 15, 1993, findings letter.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective October 3, 1994 unless, within 30 days of its publication,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective October 3, 1994.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

The O3 SIP is designed to satisfy the requirements of part D

of the CAA and to provide for attainment and maintenance of the O3

NAAQS. This final redesignation should not be interpreted as

authorizing the State of Tennessee to delete, alter, or rescind any of

the VOC or NOX emission limitations and restrictions contained in

the approved O3 SIP. Changes to O3 SIP VOC regulations

rendering them less stringent than those contained in the EPA approved

plan cannot be made unless a revised plan for attainment and

maintenance is submitted to and approved by EPA. Unauthorized

relaxations, deletions, and changes could result in a finding of

nonimplementation (section 179(a) of the CAA) or in a SIP deficiency

call made pursuant to sections 110(a)(2)(H) and 110(k) of the CAA.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA does not impose any new requirements on small entities.

Redesignation is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources. The

Administrator certifies that the approval of the redesignation request

will not affect a substantial number of small entities.

Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),

petitions for judicial review of this action must be filed in the

United States Court of Appeals for the appropriate circuit by October

3, 1994. Filing a petition for reconsideration by the Administrator of

this final rule does not affect the finality of this rule for purposes

of judicial review nor does it extend the time within which a petition

for judicial review may be filed, and shall not postpone the

effectiveness of such rule or action. This action may not be challenged

later in proceedings to enforce its requirements. (See section

307(b)(2) of the CAA, 42 U.S.C. 7607(b)(2).)

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989, (54 FR 2214-2225) as revised by a Memorandum from

Michael H. Shapiro to Regional Administrators, dated October 4, 1993.

On January 6, 1989, the Office of Management and Budget (OMB) waived

Table 2 and 3 SIP revisions (54 FR 2222) from the requirements of

section 3 of Executive Order 12291 for two years. The U.S. EPA has

submitted a request for a permanent waiver for Table 2 and Table 3 SIP

revisions. OMB has agreed to continue the temporary waiver until such

time as it rules on EPA's request. This request continues in effect

under Executive Order 12866 which superseded Executive Order 12291 on

September 30, 1993.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, and Ozone.

40 CFR Part 81

Environmental protection, Air pollution control, National parks,

and Wilderness areas.

Dated: June 28, 1994.

John H. Hankinson, Jr.,

Regional Administrator.

Parts 52 and 81 of chapter I, title 40, Code of Federal

Regulations, is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart RR--Tennessee

2. Section 52.2220 is amended by adding paragraph (c)(122) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * *

(c) * * *

(122) The maintenance plan and emission inventory for the Memphis

and Shelby County Area which includes Shelby County and the City of

Memphis submitted by the Tennessee Department of Environment and

Conservation on November 12, 1992, and March 31, 1994, as part of the

Tennessee SIP.

(i) Incorporation by reference. (A) Amendment to the Original

Submittal of Nonregulatory Amendment to State Implementation Plan for

Shelby County Redesignation from Nonattainment to Attainment

Classification for Ozone submitted March 31, 1994, and prepared by the

Memphis and Shelby County Health Department, Pollution Control Section

for the Tennessee Department of Conservation. The effective date is

March 9, 1994 for the following provisions:

Section I--Requirement One--Air Quality Data Shows Area Meets NAAQS

Section IV--Requirement Four--Maintenance Plan

Attachment F:

Shelby County Emission Projections Volatile Organic Compounds

(Summer Season)

Shelby County Emissions Projections 1990-2004 Nitrogen Oxides

(Summer Season)

(ii) Other material. None

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42.U.S.C. 7401-7671q.

2. Section 81.343 is amended by revising the attainment status

designation table for ozone to read as follows:

Sec. 81.343 Tennessee.

* * * * *

Tennessee--Ozone

----------------------------------------------------------------------------------------------------------------

Designated Classification

Designation area -------------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

----------------------------------------------------------------------------------------------------------------

Knoxville Area:

Knox County........... 1/6/92 Nonattainment............. 1/6/92 Marginal.

Nashville Area:

Davidson County....... 1/6/92 Nonattainment............. 1/6/92 Moderate.

Rutherford County..... 1/6/92 Nonattainment............. 1/6/92 Moderate.

Sumner County......... 1/6/92 Nonattainment............. 1/6/92 Moderate.

Williamson County..... 1/6/92 Nonattainment............. 1/6/92 Moderate.

Wilson County......... 1/6/92 Nonattainment............. 1/6/92 Moderate.

Rest of State............. 1/6/92 Unclassifiable/Attainment. 1/6/92 Moderate.

Anderson County

Bedford County

Benton County

Bledsoe County

Blount County

Bradley County

Campbell County

Cannon County

Carroll County

Carter County

Cheatham County

Chester County

Claiborne County

Clay County

Cocke County

Coffee County

Crockett County

Cumberland County

DeKalb County

Decatur County

Dickson County

Dyer County

Fayette County

Fentress County

Franklin County

Gibson County

Giles County

Grainger County

Greene County

Grundy County

Hamblen County

Hamilton County

Hancock County

Hardeman County

Hardin County

Hawkins County

Haywood County

Henderson County

Henry County

Hickman County

Houston County

Humphreys County

Jackson County

Jefferson County

Johnson County

Lake County

Lauderdale County

Lawrence County

Lewis County

Lincoln County

Loudon County

Macon County

Madison County

Marion County

Marshall County

Maury County

McMinn County

McNairy County

Meigs County

Monroe County

Montgomery County

Moore County

Morgan County

Obion County

Overton County

Perry County

Pickett County

Polk County

Putnam County

Rhea County

Roane County

Robertson County

Scott County

Sequatchie County

Sevier County

Shelby County......... 10/3/94

Smith County

Stewart County

Sullivan County

Tipton County

Trousdale County

Unicoi County

Union County

Van Buren County

Warren County

Washington County

Wayne County

Weakley County

White County

----------------------------------------------------------------------------------------------------------------

\1\This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 94-18994 Filed 8-3-94; 8:45 am]

BILLING CODE 6560-50-P